The Tenther Grapevine
While Congress wrangles over repealing the Patient Protection and Affordable Care Act of 2010, lawmakers in nine states have taken steps to bypass Washington D.C. completely and take matters into their own hands.
The latest? North Dakota. Introduced by State Senators Sitte, Berry, and Dever is Senate Bill 2309 (SB2309), the National Health Care Nullification Act. (h/t Chris Stevens)
It states, in part:
The legislative assembly declares that the federal laws known as the Patient Protection and Affordable Care Act [Pub . L. 111 - 148] and the Health Care and Education Reconciliation Act of 2010 [Pub . L. 111 - 152] are not authorized by the United States Constitution and violate its true meaning and intent as given by the founders and ratifiers and are declared to be invalid in this state, may not be recognized by this state, are specifically rejected by this state, and are considered to be null in this state.
The bill also establishes penalties, including fines and jail time, for any agent seeking to enforce the federal health care bill within the state’s borders:
Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government who enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this Act is guilty of a class C felony.
State legislators in Maine, Montana, Nebraska, New Hampshire, Oklahoma, Oregon, Texas and Wyoming have already introduced similar bills. Another is expected for introduction in Idaho any day now as well.
In 2007, 2 years after the Bush administration and the republican congress gave us the unconstitutional Real ID act, states like Maine and New Hampshire began the process of passing resolutions and laws rejecting the federal law. Now, nearly 25 states have gotten on board with the nullification efforts led by democrats and the ACLU – and the result? The law is virtually null and void in most of the country.
Today, less than a year after the Affordable care act – already 7 states have passed Health Care Freedom Acts, rejecting the mandates in the federal law. Those states are focusing primarily on a strategy of trying to win in federal court to affirm their state laws.
But introduction of the nullification act in nine states already (sources close to the Tenth Amendment Center tell us to expect a number of other states do the same this year) – indicate that there’s a growing segment of the population that is looking to exercise their rights in their states whether Congress or the federal courts want to give them permission to or not.
Will these bills go anywhere? Only time will tell. But, whether they do or not, there is much to be learned from the left-wing nullification efforts of the last few years and beyond. Whether it’s 25 states saying no to Real ID, or 15 states rejecting federal laws on marijuana – there’s a blueprint. When enough people say no to federal laws, and enough states back them up by passing laws to do the same – there’s not much that Washington D.C. can do about it.
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CLICK HERE – to view the TAC’s Health Care Nullification Act legislative tracking page.
CLICK HERE – to view the full text of TAC’s model legislation – the Federal Health Care Nullification Act. Please send it to your state reps and senators for introduction in your state today!
Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin, on LinkedIn, and on Facebook.
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[...] 9. 9 states and counting to consider nullification of Obamacare http://blog.tenthamendmentcenter.com/2011/01/9-states-and-counting-to-consider-nullification-of-obam… [...]
Your "logic" that you use is not based in freedom & individual rights & responsibilities. The fact that we have been coerced into buying insurance "Or Else" isnt justification for yet More coercion. We need to stop the encroachments that are coming & Go Back & make that insurance thing null & void, too. Everyone needs to understand the term "Prior Restraint", it goes against everything that IS the American Way.
yes….scare people…..scare them…and hope they will never act to resist the federal government! good job, jim…your masters are probably very happy with that.
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None of these state laws will mean didilly squat to the IRS.
They will ignore them.
They will take your cash through bank liens electronically from some office in never never land.
Far from the reach of any of the states abillity to enforce them.
The coporations/insurance companies wrote the legislation.
Now here we are, having to choose between selling our souls to an obese federal government or monopolistic multinational megacorporations. Too bad we do not have the third option of a free market economy and a federal government that respects its constitutional boundaries – as then medical care/insurance would operate with the same cost effectiveness and efficiency of cell phone plans. But then I am dreaming of a free society that no longer exists
I was and still am a conservative … have been most of my life. Within the past several years, however, I realized something equally important. Our nation, as indicated in the Federalist Papers and after a true reading of the original Constitution, was meant to be union of states with a limited federal government. This truth has helped me to understand that the role of the the federal government is limited indeed. What this means is that many issues should be decided state by state, not at the federal level. For example, in Federalist Paper # 45, James Madison states that the "powers delegated to the federal government are few and defined." Furthermore, in a period of peace, after the Civil War, when hostilities had ended, the federal government unconstitutionally and unlawfully "passed" the Fourteenth Amendment, which, in nutshell, set the stage for a huge expansion of federal power never seen in the history of our nation. In essence, the Fourteenth Amendment changed our nature of citizenship from one of being a state citizen to one of being a national or federal citizen. Please read http://www.14th-amendment.com/ for more information about how the 14th amendment was/is a law that never was, and it contradicts the Tenth Amendment. Knowledge is power. Please read http://www.14th-amendment.com. Folks, we really do live in a matrix, but it's our goal to restore this republic! God be with us.
Marcus, spoken like a true democrat. You are missing the point entirely.
[...] US: Nine states including Maine, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, Oregon,… [This is a good start. Now let's see if the legislators really mean it or are just trying to look good to the voters. When enough states reject a bad federal law, it has little chance for implementation.] Tenth Amendment Center 2011 posted Feb 2 (Cached) [...]
Welfare is theft.
That's exactly right, we SHOULD abolish Medicare and Medicaid. While we're at it, we should also abolilsh all welfare programs, including unemployment insurance.
It's time the states get on with this way of addressing the feds programs in general. the west is full of oil gas and coal just waiting to be used to improve the average mans status. There are traitors who want to hold us down so we can be another third world nation that their new world order can more easily control if we are poor and dependent on thier order!!!
First, if one gets sick this is not a proximate cause of injury to anyone else. If one by auto collision damages property or causes bodily injury to others, it is.
Secondly, you are not *forced* to buy insurance; you merely need to post bond demonstrating that you have the financial means to pay the minimum coverage limits. If you don't have $300,000 (or whatever) to cover lower liability limit then you may *choose* to buy insurance. If you have the money you are not required (at least in most places) to buy the insurance- you *can* be self-insured. Since few have the finances, yet want to undertake the operation of demonstrably hazardous vehicles in public, they buy insurance.
Financial burden to the public because of healthcare isn't a failure due to inadequate forced division of the costs, rather, the dogma that everyone is entitled, merely by existing, to medical services.
ALL "government" in the US, including colluding state governments are ultra vires and thus illigitimate.
It's a technical thing. "Acting under color of authority," is a grand felony.
Face it folks, there is NO GOVERNMENT, just a criminal syndicate that has an iron grip on Amerika.
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Considering that mainstream medicine is the 3rd cause of death in this country and that the costs have risen much faster than the rate of inflation, I don't like being forced to use their services. Forcing people to buy insurance does not hold health care costs down. If the government really wants to help the poor, directly hire the doctors, and open clinics based on ability to pay.
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Has anybody considered the 13th amendment point view? The part about "involuntary servitude"? T'he concept of 'Liberty', in it's historical sense in this country referred to "freedom of contract". Included in that meaning was the freedom 'from' contract and/or freedom not to contract.. Any comments?
You can choose not to drive a vehicle you own and must insure. In a sense, our bodies are owned vehicles also, but the comparison ends there; don't tread on me. Medicare and Medicaid have an established record of costs and problems; Obamacare has already red-flagged itself as a systemic poison to the body populace it intends to infect. We don't need more antidotes and time wasted recovering from glaring mistakes made with impunity by a misguided system that is gutted of accountability.
The requirement to buy car insurance is mandated by the states, not the federal government. That's why insurance companies cannot sell their policies across state lines. I cannot, as a resident of NJ, buy my car insurance from a company in PA. That PA company must have a license to do business in NJ in order for me to do so. If the federal government can force us to buy health insurance or pay a penalty, then what's to stop them from forcing us to buy a particular product or suite of products, simply because some corporation says "it will be good for us"?
If you read Obamacare, it forces all people to buy insurance from the corperations, and the government which is controlled by lobbiests will dectate what health you receive.
We dont want Obamacare because it will give the corperations more power.
People say that it is because you can live without a car, and you only are forced to buy car insurance if you use a car, but health insurance will be forced upon all people. Also State laws are different from federal laws, and state laws legally can be more powerful than federal laws.
But I dont believe it should be forced for us to buy insurance. the government mandating that we purchase anything should be illegal.
I’m forced to buy car insurance so as to not be a financial burden on someone I may run into. So why shouldn’t people be forced to have health insurance so they don’t become a financial burden to society when they get sick? Also, if federal care is sooooo bad, then we should abolish Medicare and Medicaid.
Pleased to see Oklahoma is one of the nine states. Still, it will take more than 9 states to make this a national issue. Let there be more states and let the wave of freedom continue.
@marcos I like state's rights and I also like the idea of a state run universal health care system, maybe I would move to a liberal state like Mass. and those who don't like the idea of state health care can move to the Dakotas. The beauty of keeping mot power at the state level is that Americans can exercise choice by choosing in which state they wish to live. Can you say that about a Federal program?
So you don't want the federal government controlling your lives, you rather have your lives controlled by the big corporations which will ration healthcare according to their economic interests and will decide who lives and who dies according to profitability criteria.
i'll be more impressed when a number of states declare they have sovereign control over their own National Guard, and order their National Guard to oppose any federal effort — including by the US Military — to violate these nullifications.
This is getting interesting, we're finally seeing the states drawing the line against the creeping federal encroachment on our lives.
The real fun is watching the Zionist groups like the SPLC, the ADL and others – who masquerade as "civil rights" organizations – having nervous breakdowns at the prospect of the 10th amendment & the Oathkeepers.
Forget the Tparty, they've already been hijackec by radical Jews & their puppets (Sarah Palin).
The Oathkeepers and the 10th amendment are the great firewalls that will keep these bastards in check!
To Edmund Slonecker to what theory are you point? The Tenth Amendment is not a there it is very real and easy to read and understand. The real issue is the one that most if not everyone misses and it is this, The United States Government is not a PARTY to the Constitution of the United States and the United States District court does not have Original Jurisdiction over a constitutional question. It is the state court and only the state court that has Original Jurisdiction, with the Supreme court having appeallate jurisdiction. The United States Governemt is a creature of the Contract call the Constitution and in now way shape ore form Owns jurisdiction over it. That Is no theory just basic contract law.
I think you might be correct pertaining to NEWS: 9 States and Counting to Consider Nullification of Obamacare – Tenth Amendment Center Blog. brbr I’m not sure that all people can view the theory like that however.
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